Chapter 1: Intro to Law and Legal Reasoning Flashcards
Statutory Law
Laws enacted by legislative bodies at any level of government. Also includes ordinances (laws, rules, or orders) passed by municipal or county governing units..
What are the 4 sources of American Law?
The constitution, Statutes, Regulations, and Common Law
Define: Constitutional Law
The law as expressed in the federal and state constitutions that set forth the general organization powers, and limits of their respective governments.
Define: Statutory Law
Laws enacted by legislative bodies at any level of government (passed by Congress or State Legislatures.
True or False: Statutory Law includes local ordinances?
True: statutory law includes the laws, rules, or orders passed by municipal or county governing units to govern matters not covered by Federal or State law.
What are some examples of local ordinances?
Building codes, zoning, health and safety codes
Define: Administrative Law
Rules, orders, and decisions of administrative agencies
What are some examples of administrative agencies?
Federal, State, or Local government agencies established to PERFORM A FUNCTION.
Define: Case Law and Common Law Doctrines
The rules of law announced in court decisions. Including interpretations of constitutional provisions, statutes enacted by legislatures, and regulations created by administrative agencies. Governs all areas not covered by statutory law or administrative law.
Which source of American law is part of our “Common Law” tradition?
Case Law/Common Law
Define: Stare decisis
“to stand on the law”, it is the practice of deciding new cases with reference to former decisions, or precedents. Under this doctrine, judges are obligated to follow the precedents established within their jurisdictions.
Define:Binding Authority
any source of law that a court must follow when deciding a case. Also known as “controlling precedents in a jurisdiction”.
What are different types of “Binding Authority”?
constitutions, statutes, and regulations that govern the issue being decided, as well as previous court decisions.
Do precedents always have to be followed?
Yes, Controlling precedents in a jurisdiction are considered Binding authorities. Once a court has set forth a principle of law as being applicable to a certain set of facts, that court and courts of lower rank within the same jurisdiction must adhere to that principle and apply it in future cases. A COURT SHOULD NOT OVERTURN ITS OWN PRECEDENTS UNLESS THERE IS A COMPELLING REASON TO DO SO.
Define: plaintiff/petitioner
the suing party
Define: defendant/respondent
the party being sued
Define: appellant
the party appealing the case
Define: appellee
party against whom the appeal is taken
What is “Civil Law”?
Civil Law spells out the rights and duties that exist between persons and between persons and their governments, as well as the relief available when a person’s rights are violated.
Define: Unanimous
When everyone agrees; this will be the only opinion written if the case is unanimous
Define: Unanimous
When everyone agrees; this will be the only opinion written if the case is unanimous
Concurring Opinion
this is a separate opinion written by a justice on the (winning) side but outlines different reasons for reaching the same conclusion.
Concurring Opinion
this is a separate opinion written by a justice on the (winning) side but outlines different reasons for reaching the same conclusion.
Dissenting Opinion
expresses the view of the justices on the losing side. The reason that the losers bother to write an opinions that they want to leave their viewpoints on record for use as argument for future lawyers/judges to argue for a change in the precendent
Dissenting Opinion
expresses the view of the justices on the losing side. The reason that the losers bother to write an opinions that they want to leave their viewpoints on record for use as argument for future lawyers/judges to argue for a change in the precendent
Per Curiam
Latin for “By the court” sort of anonymous because it is not authored by a specific Justice, done sometimes to present a unified front, sometimes to prevent on justice from getting the glory or the flack.
Per Curiam
Latin for “By the court” sort of anonymous because it is not authored by a specific Justice, done sometimes to present a unified front, sometimes to prevent on justice from getting the glory or the flack.